easement one grantor didn't own property

[Elli B]

Oregon
Easement through multiple properties for the benefit of two properties more than 15 years ago. One grantor had already sold property but signed off anyway. Easement was recorded and actual owner of that property never notified. Can the actual property owner get the title company to produce exact copy of easement to add their notorized signature to make it valid and then get it recorded? not liking current negotiations, prefer one that dominant property has already signed off on.

 

[Zigner]

Oregon
Easement through multiple properties for the benefit of two properties more than 15 years ago. One grantor had already sold property but signed off anyway. Easement was recorded and actual owner of that property never notified. Can the actual property owner get the title company to produce exact copy of easement to add their notorized signature to make it valid and then get it recorded? not liking current negotiations, prefer one that dominant property has already signed off on.

1: Who are you in this?
2: What has your attorney told you?
3: If you don't have an attorney, get one.

 

[FlyingRon]

If the deed conveying the property to the new owner was signed before the easement, you're screwed. You have no easement of record through that property. No, you can't just "add a notarized signature" to an existing document. You need to have a new deed drafted for that one property and have it signed by the current owner. As Zig, says, you're over your head on this. In fact, a competent lawyer would have never had allowed this to happen.

If you have owner's title insurance, you may be able to get the insurer to deal with the mess.

 

[Elli B]

If the deed conveying the property to the new owner was signed before the easement, you're screwed. You have no easement of record through that property. No, you can't just "add a notarized signature" to an existing document. You need to have a new deed drafted for that one property and have it signed by the current owner. As Zig, says, you're over your head on this. In fact, a competent lawyer would have never had allowed this to happen.

If you have owner's title insurance, you may be able to get the insurer to deal with the mess.

About 14 years ago, New owner, me, found out a year after recorded that there had been an easement signed by previous owner after escrow had closed. All the other grantors from neighboring properties signing easement are valid. Dominant owner does nothing, for almost 15 years. No problems during. Files lawsuit saying she needs easement to sell her property. lawsuit stated open and notorious, but yet has key to gate? Had lawyer to get lawsuit dismissed but now in negotiations for her easement. My lawyer also put in that the costs of any future lawsuits were recoverable by winning party WITHOUT LIMITATION. I guess to prevent lawsuits from happening? I'm not comfortable with that and Im guessing I should be? Spent more money than have in the lawsuit and beginning of negotiations and thought I was ok to sign. No longer have lawyer. I just don't feel comfortable with it. The fake signed easement? Came across that and I like it. If I could just sign it granting the easement with that language. She already signed off on it 15 years ago.

 

[FlyingRon]

Get another lawyer. As I stated, you can't just have a random person sign a deed document. It wouldn't work before it is recorded and certainly isn't going to work 15 years later. If the current property owner wants to grant the easement, it just takes a new deed to be drafted and signed.
If you want to try to force a prescriptive easement/adverse possession, you'll need to go to court to do that.

Either way YOU NEED A LAWYER. If you don't like your old one, there are plenty around.